International Arbitration Newsletter No.7 – 1 January 2020



Arbitrium  wishes all our readers, subscribers and sponsors the very best for 2020

We are very pleased to welcome two additional sponsors: GPS McQuhae LLP, an innovative and dynamic Hong Kong based disputes practice focussed on delivering high-quality, value-based legal solutions, and Yang Chau Law Office, also  Hong Kong based, offering a broad range of corporate, capital markets and dispute resolution services.

This month’s Newsletter includes several cases dealing with a common application in international arbitration proceedings – the anti-suit injunction, including a decision from England where an anti-suit injunction against a non-party was refused; an important English Court of Appeal decision emphasising that an anti-arbitration injunction will only be granted in “exceptional circumstances” and that parties cannot contract out of ss.67 & 68 of the English Act; and a recap of one of the more important issues facing international arbitration practitioners – the seat of arbitration.



HONG KONG / CHINA



HK Court Refuses to Set Aside Enforcement Order in Unusual Circumstances

Posted on December 6th, 2019 by Phillip Rompotis

香港法院拒绝搁置执行令
In an unusual case, a party filed evidence and sought to resist enforcement of an award but at the hearing advised that it would not advance any arguments to oppose the application to set aside the order granting leave to enforce, thereby leaving the party seeking enforcement to satisfy the court that order ought to be set aside.


HK Court Grants Anti-Suit Injunction in Armani Case

Posted on December 15th, 2019 by Phillip Rompotis

香港法院在阿玛尼案中授予反起诉禁令
The Hong Kong High Court grants a permanent anti-suit injunction to stop court proceedings continuing on the Mainland on the basis that they were oppressive, vexatious and brought for the purpose of frustrating the arbitration.


HK Court Examines Costs After Anti-Suit Injunction

Posted on December 18th, 2019 by Phillip Rompotis

香港法院在反诉讼禁令后审查成本命令
The Hong Kong Court refuses to grant an indemnity costs order following an anti-suit injunction, rejecting an argument that the general approach in arbitration cases to award indemnity costs should be extended against a person who was not a party to the arbitration agreement.




ENGLAND



English Court Dismisses Appeal Under s.69

Posted on December 4th, 2019 by Phillip Rompotis

英国法院驳回上诉
The English Court dismisses an appeal under s.69 of the Act, highlighting the limited circumstances in which parties will be allowed to appeal arbitration awards on a point of law.


Sections 67 & 68 English Act Take Precedence Over Subsequent Arbitrations

Posted on December 10th, 2019 by Phillip Rompotis

英国法院授予反仲裁禁令
In an important decision, the English Court of Appeal grants an anti-arbitration injunction, saying it will do so only in "exceptional circumstances" and that parties cannot contract out of ss.67 & 68 of the English Act.


(Re) Emphasising the Importance of the Seat of Arbitration

Posted on December 22nd, 2019 by Phillip Rompotis

仲裁地的重要性
IA practitioners know the importance of the seat of arbitration, and its impact on the conduct of arbitration proceedings and any subsequent court applications to set aside and enforce. A brief recap.


UK Court Refuses Anti-Suit Injunction Against Non-Party

Posted on December 22nd, 2019 by Phillip Rompotis

法院拒绝针对非当事人的反起诉令
The English Court considers an application for the continuance of an anti-suit injunction against a non-party to an arbitration agreement, based on the non-party pursuing proceedings in Russia which raised overlapping issues to those which were the subject of the arbitration.




SINGAPORE



(Re) Emphasising the Importance of the Seat of Arbitration

Posted on December 22nd, 2019 by Phillip Rompotis

仲裁地的重要性
IA practitioners know the importance of the seat of arbitration, and its impact on the conduct of arbitration proceedings and any subsequent court applications to set aside and enforce. A brief recap.




UNITED ARAB EMIRATES



UAE International Arbitration Update

Posted on December 14th, 2019 by Phillip Rompotis

阿拉伯联合酋长国国际仲裁最新动态
The UAE Federal Arbitration Law (No.6 of 2018) came into force on 15 June 2018, and introduced a number of procedural developments relating to the conduct of arbitration proceedings and the enforcement of domestic and international awards before the local UAE courts.


About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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